TERMS AND CONDITIONS
PlayLine Ltd. (“PlayLine”) is pleased to provide you its fantasy sports website, application, and other online platforms (the “Site”), which include all of the text, images, audio, code, products, tools, features, contests, and services provided on them (collectively, the “Services”). These Terms and Conditions (“Terms”) govern your use, and PlayLine’s provision, of the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service (each a “User” or “you”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 11. THIS AGREEMENT IS ALSO SUBJECT TO CERTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS FURTHER DETAILED IN SECTION 10.
1. Acceptance of Terms
This is a contract between you and PlayLine, a Canadian corporation. You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. These Terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements.
PlayLine may amend these Terms. Any such amendment will be effective thirty (30) days following either dispatch of a notice to you or posting of the amendment on the Services. Your continued use of the Services after a change or update has been made to these Terms constitutes your acceptance of such change or update. If you do not agree to any change to these Terms, you must discontinue using the Services. PlayLine’s customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.
PlayLine may immediately terminate this contract with respect to you, including your access to the Services. Cause for such termination shall include, but is not limited to: breaches or violations of these Terms or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by you; discontinuance or material modification to the Services, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from you, PlayLine does not intend to terminate your account without good cause; however, you agree that any unilateral termination of the account by PlayLine is ultimately a decision vested in PlayLine’s sole discretion.
PlayLine’s competitions are void where prohibited or restricted by law. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
To be eligible to register for an account on the Site, enter any contest on the Site, or win prizes offered by PlayLine, you must meet all of the following conditions:
• You are at least eighteen (18) years of age (twenty-one (21) years of age or older in Massachusetts);
• You are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
• You are not a officer, employee or agent of PlayLine;
• You are not an employee or operator of another fantasy sports company that charges entrance fees or offers cash prizes;
• You are not a spouse, child, brother, sister or parent, residing as a member of the same household or in the principal place of abode of any member, officer, employee or agent of PlayLine;
• You do not, by virtue of affiliation or employment with another company operating in the fantasy sports industry, have access to that company’s pre-release, non-public, or confidential data about fantasy sports contest-related information;
• You are not an official or referee or amateur or professional athlete, or agent of any official or referee or amateur or professional athlete, whose performance may be used to determine the outcome of any fantasy sports contest;
• You are not listed on any U.S. Government list of prohibited or restricted parties;
• You abide at all times by these Terms and any other agreements between you and PlayLine regarding your use of the Services; and
• You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
Additionally, athletes, coaches and other team management, team support personnel, and team owners are not eligible to participate in contests in the sport or sports with which they’re associated. Team owners, league employees, sports commissioners, and other individuals, who through an ownership interest or game-related employment can influence the gameplay, are also not eligible to participate in contests in the sport or sports with which they are associated.
If you do not meet the eligibility requirements of this section, then you are not authorized to use the Services. PlayLine reserves the right to request proof of age or identity, or to otherwise verify eligibility conditions and potential winning entries, prior to awarding any prize. In addition to any rights that PlayLine may have in law or equity, PlayLine further reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account, or limit your ability to withdraw funds from your account. In such a situation, PlayLine may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by PlayLine in its sole discretion. PlayLine also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
3. Conditions of Participation
You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You also may not use a proxy server to engage with PlayLine for any means, including for the purpose of misrepresenting your location. You agree that PlayLine may take steps to verify the accuracy of information you provide, including your age, location, and contact information, prior to awarding any prizes. If your account information is not accurate, not current, or incomplete, or if PlayLine has reasonable grounds to believe that your account information is not accurate, not current, or incomplete, PlayLine, in its sole discretion, may deny you access to certain Services and areas of the Site requiring registration. PlayLine, acting reasonably, reserves the right to not open an account for you.
You may open, maintain, use and control only one account on the Services. For avoidance of doubt, users may not “co-own” accounts on the Services. In the event PlayLine determines you have opened, maintained, used or controlled more than one account, PlayLine reserves the right to suspend or terminate any or all of your accounts and withhold or revoke the awarding of any prizes.
If you create a username that PlayLine deems, in its sole discretion, to be abusive, defamatory, harassing, hateful, indecent, objectionable, offensive, or vulgar, PlayLine reserves the right to cancel any of your contest entries and block your account from any future activity
PlayLine may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with any of these Terms.
Account Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of information related to your account, including your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify PlayLine of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.
The security, integrity and confidentiality of your personal information is extremely important. You understand and agree that no network is 100 percent secure and that PlayLine is not responsible for any data breaches, “hacking” or other unauthorized access.
Communications and Information Practices
As a result of your registration for the Services or entrance into certain fantasy sports contests, you may receive certain commercial communications from PlayLine or its business partners. You understand and agree that these communications are part of your registration and/or contest entrance, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality, where available, or sending an email to firstname.lastname@example.org. Following an opt-out, PlayLine and its business partners may still communicate with you via email or other correspondence to the extent permitted by applicable law.
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to PlayLine. These details will be used to allow PlayLine to comply with tax regulations and may be shared with appropriate tax authorities.
You, not PlayLine, are responsible for filing and paying applicable state and federal taxes on any winnings. PlayLine does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
By entering any contest on the Site, you consent to PlayLine’s, and its service providers’ and business partners’, use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and other PlayLine contests and PlayLine generally, unless otherwise prohibited by law. PlayLine and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. You agree that PlayLine may announce any winner’s name on-air, on the Site, or at or on any other location or medium at any time in connection with the marketing and promotion of PlayLine, or other contests or games operated by PlayLine, or PlayLine’s business partners and their products or services. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
All prizes that you win and money that you deposit into your account (collectively, “Account Balances”) are held in a bank account separate from PlayLine’s operational funds. Withdrawals by you will be made from this separate bank account. Account Balances belong to you, subject to review for identity and eligibility verification, evidence of fraud, or prohibited conduct. If you do hold an Account Balance, that Account Balance represents an unsecured claim against PlayLine and is not insured by the FDIC. PlayLine may limit the amount you can deposit into your account at PlayLine’s sole discretion and/or in accordance with state-imposed deposit limits.
You may withdraw prize winnings and deposits (excluding bonuses and promotions) from your Account Balances. The minimum withdrawal for Free Play users is $50 U.S. dollars. The minimum withdrawal for users who have previously submitted a deposit is $10 U.S. dollars. The free play winnings and deposited winnings are no co-mingled for the purpose of calculating withdrawal totals. For all withdrawals, PlayLine requires your full name, valid mailing address, date of birth, and social security number (NOTE: Social Security Number may only be required when gross winnings surpass $600 in one calendar year) in order to file the appropriate tax forms at year end. Prior to permitting a withdrawal, PlayLine may conduct checks for Terms compliance, eligibility, identity verification, evidence of fraud or other prohibited conduct. PlayLine may also request additional information before permitting a withdrawal. PlayLine reserves the right to suspend your account or withhold any funds at any time and for any reason, though the reason for any withholding will be explained to you within 10 business days of such hold. Users will be afforded the opportunity to correct, at PlayLine’s discretion, any errors that lead to such suspension or withholding. Withdrawals will be deposited directly into your third-party payment processor account (e.g., PaySafe), or such through other means as PlayLine determines in its sole discretion.
Note: All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our third-party payment processors or your financial institution, and you may be charged a service fee for such conversion. Please also be aware that our third-party payment processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of PlayLine, and PlayLine recommends that you contact your financial institution directly for more information.
5. Contest Rules
Contests that you enter on the Services may have supplemental rules and conditions to which you are subject, but the following general rules apply, absent contrary terms in any supplemental rules or conditions for those contests.
Contest of Skill
You agree and acknowledge that PlayLine’s fantasy sports contests are designed to test the contest entrants’ respective proficiency in exercising their judgment, knowledge, and reasoning, as applied within the constraints of each contest’s rules, relating to professional sports (“skill”). You therefore further agree and acknowledge that the outcome of each contest is predominantly determined by the contest entrants’ relative skill.
To enter a contest on the Site, you must first register on the Site. Following registration, you may then enter contests through the Site, subject to certain exclusions and limitations set forth in particular contests’ rules and/or eligibility requirements. It is your responsibility to ensure that you are legally eligible to enter any contests offered on the Site under any laws applicable to you in your jurisdiction of residence or otherwise.
PlayLine offers a number of different types of contests. While some contests may be free to enter, certain contests on the Site may require an entry fee. Entry fees, scoring, and specific rules (collectively, “Official Rules”) may differ from contest to contest. It is your responsibility to review each contest’s Official Rules, as may be modified from time to time, and you agree to abide by those Official Rules. Each contest’s Official Rules are incorporated into these Terms by this reference.
PlayLine may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or containing false information. You are not allowed to play PlayLine’s contests for entry fees or prizes other than those specified in the contests’ Official Rules. Contest entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of scripts, automated entries or other programs is prohibited and all such entries will be disqualified.
Results and Prizes
PlayLine, and/or its business partners, awards prizes based on the results of contests offered on the Site. For each contest, PlayLine announces the prizes in advance. This information is made available on the contest page.
At the conclusion of each contest, the tentative winner(s) are announced (generally by the following day) but remain subject to final verification. The results and winners of each contest will be determined in accordance with the Official Rules governing that contest. Prizes may then be awarded, consistent with each contest’s Official Rules, to eligible winners within a reasonable time after the contest’s conclusion. In the event of a tie, prizes may be divided evenly between the tied entrants, unless otherwise specified.
Prize calculations are based on the results as of the time when final scoring is tabulated by PlayLine or the third-party that offers, hosts, and/or operates the contest. Once winners are initially announced by PlayLine, the scoring results will not be changed in light of official adjustments made by the professional leagues, though PlayLine reserves the right to make adjustments based on errors or irregularities in the transmission of information to PlayLine from its statistics provider or in its calculation of results. PlayLine, in its sole discretion, also may make adjustments in the event of noncompliance with the Terms. PlayLine has no obligation to delay the awarding of a prize in anticipation of any adjustment, and PlayLine reserves the right to reverse the awarding of prizes in the event of any adjustment. You agree to be bound by any such adjustments and to cooperate with PlayLine’s reasonable efforts to award prizes.
Prizes are not transferable, redeemable for cash or exchangeable for any other prize. In order to award a prize, PlayLine may require your full name, valid mailing address, date of birth, and social security number in order to file the appropriate tax forms at year end. All taxes associated with the receipt or use of any prize are the sole responsibility of winners. PlayLine may also conduct checks for compliance with these Terms, and PlayLine may request additional information before awarding a prize. In the event that the awarding of any prizes to winners of any contest is challenged by any legal authority, PlayLine reserves the right, in its sole discretion, to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of winners of contests, PlayLine is the sole judge and its actions are final and binding. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by PlayLine.
Winners are generally posted on the Site after the conclusion of each contest, generally by the following day. Winners may be requested to execute and return, via email or regular mail, an affidavit of eligibility; a copy of the winners’ driver’s license; a liability release; a prize claim agreement; a publicity agreement; and/or appropriate tax forms by a specified deadline.
If such requested documentation is not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if the prize winner is not in compliance with these Terms, the winner of the contest may be disqualified and the prize forfeited and awarded to the entrant whose entry received the next highest score, at PlayLine’s discretion.
PlayLine, in its sole discretion, reserves the right to modify, suspend, cancel or terminate a contest, or extend or resume the entry period, without giving advance notice and without restrictions. For example, PlayLine may cancel a contest if it cannot be guaranteed the contest can be carried out fairly or correctly for technical, legal or other reasons; if PlayLine suspects that any person has manipulated entries or results, provided false information or acted unlawfully or unethically; or if the minimum number of contest entries is not met. If PlayLine cancels or terminates a contest, any advertised prizes may, at PlayLine’s sole discretion, be either voided or awarded in any manner it deems fair and appropriate, consistent with laws and regulations governing such contest.
If you engage in conduct PlayLine deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users, PlayLine may disqualify you from a contest or the entire Service; refuse to award fantasy points or prizes and require the return of any prizes; or suspend, limit, or terminate your account. Improper conduct includes, but is not limited to: falsifying personal information, including information, required to use the Service or claim a prize; violating eligibility requirements; accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information or spamming other entrants; abusing the Service in any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent PlayLine from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
6. User Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by PlayLine. By way of example, and not as a limitation, you agree not to:
• abuse, harass, impersonate, intimidate or threaten other PlayLine users;
• post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
• creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of PlayLine, any Users, or any third party;
• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User;
• create or submit unwanted email (“Spam”) to any other Users;
• submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
• post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without PlayLine’s express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in PlayLine’s sole discretion an unreasonable or disproportionately large load on PlayLine’s infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures PlayLine may use to prevent or restrict access to the Service;
• use unauthorized scripts or other automated technology to unfairly alter your chances of winning;
• advertise to, or solicit, any user to buy or sell any products or Services, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
• circumvent or attempt to circumvent any of these Terms, the Services or any contest offered through the Site, or otherwise interrupt or attempt to interrupt the operations of the Site;
• sell or otherwise transfer your profile; or
• attempt to influence the play in any sporting event from which athletes are available for selection in contests in which you are involved or in which you have a direct or indirect interest.
For any violations of the above user conduct terms or upon receipt of claims or allegations from other users, third parties, or authorities, you acknowledge and agree that PlayLine, in its sole discretion, may disqualify you from a contest; void your deposits or winnings; refuse to award prizes or require the return of any prizes; and/or suspend, limit, or terminate your account and any and all current or future use of the Services (or any portion thereof). PlayLine also reserves the right to inform the relevant authorities, and/or pursue criminal or civil proceedings in connection with such conduct.
To report violations of these Terms, please contact us at email@example.com.
7. User Generated Content
The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
PlayLine does not claim ownership to your User Generated Content; however, you grant PlayLine a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize PlayLine to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold PlayLine and its subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PlayLine by any third party arising out of or in connection with PlayLine’s use of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against PlayLine or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that PlayLine authorizes you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of its copyrighted works, PlayLine grants you a non-exclusive license to create a derivative work using its copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to PlayLine of all rights in the work you create. If such rights are not assigned to PlayLine, your license to create derivative works using PlayLine copyrighted works shall be null and void.
PlayLine has the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. PlayLine is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
8. Intellectual Property
Unless otherwise noted, all text, content and documents in the Services, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works in the Services (“Our Content”) are owned by PlayLine or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between PlayLine and you, all right, title and interest in and to the Content will at all times remain with PlayLine and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used in the Services, are registered and/or common law trade names, trademarks or service marks PlayLine. PlayLine does not transfer ownership, license, or title to any portion of the Content to you.
Submissions and Unsolicited Ideas Policies
PlayLine encourages your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide PlayLine from time to time (“Feedback”). When you provide Feedback, you grant PlayLine, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback for PlayLine’s commercial or other use and to incorporate it into the Site or other products or services. In connection with anything you submit to PlayLine – whether or not solicited by PlayLine – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and PlayLine in any way, and that you have no expectation of review, compensation or consideration of any type.
9. Third-Party Services and Content
You agree to release and to indemnify, defend and hold harmless PlayLine and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service; your violation of these Terms; your receipt, ownership, use or misuse of any prize; and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. PlayLine reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PlayLine in the defense of such matter.
11. Disclaimers and Limitations on Liability
YOU ACKNOWLEDGE AND AGREE THAT PLAYLINE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE DATA OR OTHER DATA OR OTHER TANGIBLE OR INTANGIBLE LOSS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF PLAYLINE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT PLAYLINE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ACTIVITIES TAKEN BY YOU THAT MAY VIOLATE ANY LAWS TO WHICH YOU ARE SUBJECT. PLAYLINE DOES NOT REPRESENT OR WARRANT THAT ACTIONS YOU TAKE RELATED TO THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND IT IS THEREFORE INCUMBENT UPON YOU TO KNOW THE LAWS THAT PERTAIN TO YOU WITHIN YOUR JURISDICTION AND TO ACT LAWFULLY AT ALL TIMES WHEN USING THE SERVICES.
PLAYLINE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF ANY INFORMATION OR CONTENT PROVIDED BY A THIRD PARTY THAT APPEARS ON THE PLAYLINE SITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT PLAYLINE, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS, OR FAILURES IN PERFORMANCE RESULTING FROM SUCH INFORMATION AND CONTENT, OR FROM CAUSES BEYOND PLAYLINE’S REASONABLE CONTROL.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PLAYLINE DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR JURISDICTION.
12. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING A RIGHT TO FILE A LAWSUIT IN COURT.
You and PlayLine agree to arbitrate all disputes between you and PlayLine, except disputes relating to the enforcement of PlayLine’s or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and PlayLine concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and PlayLine empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or PlayLine must send to the other party a notice of dispute, which is a written statement that sets forth name, address and contact information of the party giving notice; the facts giving rise to the dispute; and the relief requested. You must send any notice of dispute to PlayLine, Ltd., Attention: Legal/Arbitration Notice, firstname.lastname@example.org. PlayLine will send any notice of dispute to you at the contact information PlayLine has for you. You and PlayLine will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or PlayLine may commence arbitration. You or PlayLine may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and PlayLine do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU AND PLAYLINE ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. You and PlayLine agree that any arbitration shall be conducted in each parties’ individual capacities only and not as a class action or other representative action, and both you and PlayLine expressly waive your respective rights to file a class action or seek relief on a class basis. YOU AND PLAYLINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the Province of Ontario, Canada, and you and PlayLine agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
13. Additional Provisions
The failure of PlayLine to comply with any provision of these Terms due to what is commonly referred to as an act of God or a hurricane, war, fire, earthquake, terrorism, act of public enemies, actions of government authorities outside of the control of PlayLine (not related to compliance with applicable regulations), or other force majeure event will not be considered a breach of these Terms.
Claims and Copyright Infringement
Notifications of claimed copyright infringement and counter notices should be addressed to Adam Freedman, or via physical mail to PlayLine Ltd., Attention: DMCA Designated Agent, Adam Freedman.
PlayLine will respond expeditiously to claims of copyright infringement committed using the Services that are reported to its designated agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Services hosted in the United States, these notices must include the required information set forth in the DMCA.
Governing Law and Jurisdiction
These Terms and relationship between you and PlayLine shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule.
For any dispute not subject to arbitration, you and PlayLine agree to submit to the personal and exclusive jurisdiction of and venue in the federal courts of the United States or the courts of the State of Illinois. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these Terms by PlayLine shall be deemed a further or continuing waiver of such provision or any other provision, and PlayLine’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Last updated February 8, 2018